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Reference: 20 CFR 653.108(e) and 20 CFR 658.602(c). Background: The Midwest Association of Farmworker Organizations will be conducting a national farmworker conference in San Antonio, Texas on March 2-7, 1997. The conference has been planned to provide participants with sessions that will allow them an opportunity for the discussion of the most current and urgent educational, labor, health and various social issues affecting the nation's farmworker population. The purpose of the Conference is to highlight successful farmworker programs and to provide a forum that will allow individuals to develop linkages and projects through a collective and collaborative process leading to improved and comprehen- sive services for farmworkers. The sessions will be designed to facilitate specific recommendations for the development of comprehensive services that address the needs of the nation's farmworkers. Monitor Advocate Meeting: There has been considerable turnover in the Monitor Advocate positions at the National, Regional and State levels since the MSFW Regulations were initially promulgated on June 10, 1980. Many of our present Monitor Advocates never received complete training on the regulations. Additionally, the new initiatives of the Department of Labor require that existing programs adapt themselves to these initiatives. Therefore, it is necessary that the Monitor Advocate System re-examine its initial mandate so that its staff will be able to contribute to the adaptation of the Monitor Advocate Program to the new initiatives within their geographic area. A special track has been established during the conference for Monitor Advocate Training. The special track will cover the following topics: (a) Coordinated Enforcement (b) Litigation Settlement and Summary of Regulation Changes (c) Program Budget Plan (d) Services to MSFWs (e) Complaints, Violations, Discontinuation of Services (f) Reporting (g) Review and Assessment (h) Agricultural Clearance Order Activity Participants: It is important that all Monitor Advocates participate in the conference. Accommodations: The conference will be held at the Sheraton Four Points Hotel in San Antonio, Texas. The Hotel telephone number is 1-800-28-TEXAS. Ask the Hotel for the National Farmworkers Conference/MAFO Group Room Rates which are $79.13 single and $83.13 double plus tax. Pre-registration forms will be mailed directly to all Monitor Advocates by MAFO. Action Required: SESA Administrators are requested to encourage attendance of Monitor Advocate staff.

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Background: The amendments to the Fair Labor Standards Act (FLSA) became effective October 1, 1996. Questions have been raised about two of the provisions of this legislation -- minimum wage increases and the new Opportunity Wage. As indicated in the guidance section below, the new Opportunity Wage does not apply to the JTPA. This provision permits the payment of $4.25 an hour during the first 90 consecutive calendar days after such employee is initially employed. Under this provision, no employer may take any action to displace employees (including for purposes of hiring individuals at the wage authorized). This subsection applies only to an employee who has not attained the age of 20 years. Guidance: The FLSA amendments must be viewed in terms of the Job Training Partnership Act (JTPA). The FLSA minimum rates referred to in section 142(a)(2) and (3) can only be the currently applicable rate set forth in section 6(a)(1) of the FLSA -- currently at $4.75. Section 142(a)(2) of the JTPA establishes that individuals in on-the-job training shall be compensated at the same rates as similarly situated employees or trainees, but in no event less than the higher of the rate specified in section 6(a)(1) of the FSLA or applicable State or local minimum wage law. Section 142(a)(3) of the JTPA establishes the requirements for payment of wages. Individuals employed in activities authorized under the Act shall be paid wages which shall not be less that the highest of: (A) the minimum wage under section 6(a)(1) of the FLSA, (B) the minimum wage under the applicable State or local minimum wage law, or (C) the prevailing rates of pay for individuals employed in similar occupations by the same employer. We believe the FLSA minimum rates referred to in section 142(a)(2) and (3) can only be the currently applicable rate set forth in section 6(a)(1) of the FLSA. It is significant that the Congress saw fit to amend the JTPA in 1992 in order to expressly authorize that exceptions set forth in section 6 of the FLSA regarding Puerto Rico and American Samoa to the rate set forth in FLSA 6(a)(1) be deemed to be the FLSA section 6(a)(1) rate for the purposes of section 142(a)(2) and (3) of the JTPA. The amendments to the FLSA did not contain any further changes to the JTPA regarding the new Opportunity Wage. The provision under the amendments to FLSA, MINIMUM WAGE INCREASE, applies to participants enrolled in programs operated under the JTPA. Effective on October 1, 1996, the amendments required that not less than $4.75 an hour must be paid for employment under the JTPA and not less than $5.15 an hour beginning September 1, 1997. Action Required: States are requested to provide this guidance to appropriate officials within the State and within the SDAs/SSAs to ensure that employment under the JTPA is paid at the appropriate level which began on October 1, 1996.

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References: Wagner-Peyser Act, as amended (29 U.S.C. 49); 20 CFR 652 and 20 CFR 653; JTPA Sections 202, 252, 262, 302, and 601, as amended by the Job Training Reform Amendments Act of 1992; Training and Employment Guidance Letters (TEGL) Nos. 4-88 and 4-95. Background: The JTPA Titles II-A, II-C and III allotments, and the Wagner-Peyser preliminary planning estimates, are for the program period July 1, 1997, through June 30, 1998. The Title II-B allotments are for the CY 1997 summer program. These allotments and preliminary planning estimates will be published in the Federal Register. The JTPA allotments and the Wagner-Peyser ES preliminary planning estimates are part of the Fiscal Year 1997 funds appropriated in the Omnibus Consolidated Appropriations Act of 1997, P.L. 104-208, for PY 1997. These appropriations include $895,000,000 for Title II-A, a 5.29 percent increase from the PY 1996 Title II-A level; $871,000,000 for Title II-B, a 39.36 percent increase from the CY 1996 level; $126,672,000 for Title II-C, the same as the PY 1996 Title II-C level; $1,286,200,000 for Title III, a 17.79 percent increase from PY 1996; and $761,735,000 for allotments to States under Wagner-Peyser, the same as the PY 1996 level. JTPA/ES Joint Planning and Coordination Provisions: As plans are developed in accordance with relevant statutory provisions and schedules issued by the Department, States are reminded that particular attention needs to be given to the Governor's statement of goals and objectives for JTPA, and joint ES/JTPA planning initiatives consistent with Section 8(b) of the Wagner-Peyser Act, as amended. Program Emphasis: The basic mission of the employment and training system remains one of assisting all Americans to gain access to the information and other resources they need to obtain good jobs at decent wages, and to ensure that U.S. businesses have access to the skilled workers they need to successfully compete in a global economy. The entire network of partners at the State/local level and their service providers, as well as our private sector partners, make the system function and perform for those who need the services provided -- our customers. Building upon the accomplishments in 1996, the Employment and Training Administration (ETA) has identified a series of goals which will serve to maximize the contributions of its associates and its partners in serving America's workers and job seekers, as well as facilitate a smooth transition to possible new legislative mandates for the nation's employment and training system (see Attachment I).